Tribal Courts

This page provides general information on the justice systems of tribal nations and links to official tribal court websites. Find more information on tribal justice systems, please see Tribal Constitutions and Tribal Codes.

Tribal courts and justice systems are critical components of the tribal government. They are empowered to resolve conflict and controversy. Prior to European contact, native people practiced various forms of meaningful and productive conflict and dispute resolution. Tribal member participation in debate of issues and in defense of the alleged was not just allowed, it was expected. Unfortunately, these tribal methods were unfamiliar to the settlers and were often discounted and even discouraged.

“Courts of Indian Offenses,” or “Courts of Federal Regulations” (“CFR Courts”) were the first modern iteration of tribal courts. They were established by the Department of the Interior in 1883 in part to handle less serious criminal actions and resolve disputes among tribal members. However, many judges were non-Indian BIA superintendents with express objectives of assimilating Native people into western society and abolishing “barbarous” practices such as ceremonial dances. Some tribes still operate CFR Courts today (see below).

In 1934, with the enactment of the Indian Reorganization Act (25 U.S.C.A. § 461, et. seq.), Indian tribes were allowed to exercise their inherent sovereignty to establish their own justice codes and operate court systems enforcing those laws. The Act authorized tribes to organize and adopt constitutions. However, many of the tribally-enacted constitutions were boiler-plate templates, requiring Secretary of the Interior-approval for many tribal government actions. Nevertheless, despite its flaws, the Act is considered a “success” in providing a framework for and first-step towards expanding tribal self-government.

Today, tribal justice systems are diverse in concept and character. While some are extensively elaborate, others are just beginning to develop a ‘modern’ judicial system within the context, conditions, and circumstances of their individual nations. Some tribes prefer the adversarial process, while others utilize traditional dispute resolution. Many courts apply large bodies of written or positive law and others apply custom and tradition to address controversy and settle disputes.

Below is a list of known Tribal Courts organized by the court’s state location. CFR Courts are listed twice, both within their state location, and within a separate list of CFR courts. Links include official Tribal Court websites, Tribal Court directories, and official Tribal websites, depending on availability.

PowerPoint: Tips on Developing a Tribal Court Website and Case Law Library was presented at the Tribal Judicial Institute’s Tribal Court Development and Operations Technical Assistance Training, December 5, 2012 ~ Palm Springs, CA.

Alabama, Alaska, Arizona, California, Colorado, Connecticut, Florida, Idaho, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Mexico, New York, Nevada, North Carolina, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wisconsin, Wyoming.

Other Resources

1. Spring 2011Tribal Leaders Directory is available on the Bureau of Indian Affairs (BIA) web site. The information, accessed by BIA areas, includes tribal court name, address, phone number, and fax number. The names of tribal court judges are also included.
2. Bureau of Justice Assistance Tribal Courts BJA Center for Program Evaluation and Performance Measurement - Tribal Courts
3. California Court Clerks Association provides assistance to support state and tribal courts.
4. National Center for State Courts Tribal Courts Resource Guide Tribal Courts Resource Guide | NCSC.org
5. Tribal Courts: Partners in Justice Video.
6. A Guide for Tribal Court Law Clerks and Judges provides information about the types of tribal courts, law clerk responsibilities, cultural considerations and ethical duties. It also includes a Judges' Guide on how best to work with a law clerk.

National Tribal Justice Organizations

1. The National American Indian Court Judges Association (NAICJA) is a national voluntary association (non-profit corporation since 1969) of Tribal Court judges. The Association is primarily devoted to the support of American Indian and Alaska Native justice systems through education, information sharing, and advocacy. The mission of the Association, as a national membership organization, is to strengthen and enhance tribal justice systems.
2. National Association of Tribal Court Personnel (NATCP), formerly the National Association of Tribal Court Clerks, is a voluntary association of tribal court personnel. NATCP can be reached at the following:

NATCP
c/o Hon. Robert Miller, President
National Association of Tribal Court Personnel
1920 Spring Creek Circle
Green Bay, Wisconsin 54311
Phone: (920) 468-8197
Fax: (920) 468-8198
Email: RMJ143@compuserve.com

4. DC Native American Bar Association (NABA DC) is established to promote the education and advancement of Native American, Alaskan Native and Native Hawaiian political and legal issues.
5. Minnesota American Indian Bar Association (MAIBA) is a non-profit organization of American Indian attorneys and law students, non-Indian attorneys and law students who are interested in Indian law, and American Indians who serve as advocates, prosecutors or judicial officers in tribal courts.
6. Native American Bar Association (NABA) serves as the national association for Native American attorneys, judges, law professors and law students. Founded in 1973 as the American Indian Lawyers Association, NABA works to promote issues important to the Native American community and works to improve professional opportunities for Native American lawyers. NABA strives to be a leader on social, cultural, political and legal issues affecting American Indians, Alaska Natives, and Native Hawaiians.
7. Navajo Nation Bar Association (NNBA) was established by the Judges of the Navajo Nation Courts on October 18, 1978, who recognized a need for a properly organized bar association to regulate the practice of law, administer bar examinations, and to promote the professionalism of the practice of law in the Navajo Nation. For over twenty years, the NNBA has been an association of attorneys and tribal court advocates.
8. Northwest Indian Bar Association (NIBA) is a non-profit organization comprised of Indian attorneys and judges in Alaska, Idaho, Oregon and Washington, and in spirit in British Columbia and the Yukon Territory, which aspires to improve the legal and political landscape for the Pacific Northwest Indian Country.
9. National Native American Law Students Association was founded in 1970 to promote the study of federal Indian law and to support Native American students in law school. NNALSA strives to reach out to Native communities and encourages Native People to pursue legal education and to educate the legal community about Native issues.
10. Oklahoma Indian Bar Association is comprised of Attorneys, Judges, Law Students, & Tribal Court Clerks dedicated to the advancement of Indian law in Oklahoma.
11. Tribal Police Committee of the International Association of Chiefs of Police is a voluntary association of tribal law enforcement which can be reached at the following:

    Dorothy Lameman Fulton, Chief
    Navajo Department of Criminal Investigations
    Post Office Box 3360
    Window Rock, Arizona  86515

12. Southwest Intertribal Court of Appeals (SWITCA) is a voluntary court of appeals available to tribes in Arizona, Colorado, New Mexico, and west Texas, and posts SWITCA Rules of Appellate Procedure.